Preview
Case Number: CACE-21-007808 Division: 11
Filing # 125052902 E-Filed 04/16/2021 10:42:21 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO:
HMC ASSETS, LLC SOLELY IN ITS CAPACITY AS
SEPARATE TRUSTEE OF CAM XI TRUST,
Plaintiff,
VS.
ENDLESS INVESTMENTS LLC A/KA ENDLESS
INVESTMENTS, LLC; ALBO INVESTMENTS LLC;
CITY OF CORAL SPRINGS, FLORIDA; TOWN OF
DAVIE, FLORIDA; FLORIDA DEPARTMENT OF
REVENUE; CITY OF FORT LAUDERDALE,
FLORIDA; ANY AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH UNDER, OR AGAINST
THE HEREIN NAMED INDIVIDUAL DEFENDANT(S)
WHO ARE NOT KNOWN TO BE DEAD OR ALIVE,
WHETHER SAID UNKNOWN PARTIES MAY CLAIM
AN INTEREST AS SPOUSES, HEIRS, DEVISEES,
GRANTEES, OR OTHER CLAIMANTS; UNKNOWN
TENANT #1; UNKNOWN TENANT #2, whose name
is fictitious to account for parties in possession,
Defendants.
/
NOTICE OF FILING CERTIFICATION OF POSSESSION OF ORIGINAL NOTE
COMES NOW the Plaintiff, HMC ASSETS, LLC SOLELY IN ITS CAPACITY AS
SEPARATE TRUSTEE OF CAM XI TRUST, by and through its undersigned counsel, and
hereby notices this Court and interested parties of the filing of the Certification of Possession of
Original Note, which is attached hereto and incorporated herein as EXHIBIT "A".
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/16/2021 10:42:18 AM.*##*
Date: April 16, 2021 Respectfully submitted,
ASHLAND MEDLEY LAW, PLLC
BY:
Ashland R. Medley, Esquire, FBN: 89578
2856 North University Drive, Coral Springs, FL 33065
Telephone: (954) 947-1524/Fax: (954) 358-4837
Ashland@AshlandMedleyLaw.com
Designated E-Service Address:
FLEservice@AshlandMedleyLaw.com
Attorney for the Plaintiff
EXHIBIT "A"
CERTIFICATION OF POSSESSION OF ORIGINAL NOTE
1 Ashland Medley Law, PLLC is in possession of the original Note upon which this
action is brought.
2 The location of the original signed Note is with Plaintiff's attorney, Ashland Medley
Law, PLLC, 2856 North University Drive, Coral Springs, Florida 33065.
3 The name and title of the person giving this certification is Kathleen M. Roberts,
whose title is Document Custodian/Paralegal.
4 The name of the person who personally verified such possession is Kathleen M.
Roberts.
The time and date on which possession was verified were:
Date: March 2, 2021
Time: 4:57 p.m.
6 A true and correct copy of the original Note is attached hereto and incorporated
herein as EXHIBIT "A".
7 I give this statement based upon my personal knowledge.
Under penalties of perjury, I declare that I have read the foregoing Certification of
Possession of Original Note and the attachments thereof, and that the facts stated therein are true
and correct.
4K. heels
Executed on: March 2, 2021
Kathléen MARoberis
Doc ent Custodian/Paralegal
EXHIBIT "A"
Note
‘
1
Loan Number: 0117086828
September 14, 2017 Civic Financial Services, LLC
2015 Manhattan Beach Blvd, Suite 106
Redondo Beach, CA 90278
Address of Property(ies):
821 Himmarshee Street
Fort Lauderdale, FL 33312
1. Secured Note
In addition to the protections under this Note given to the Note Holder (as defined below), a
Mortgage, Deed of Trust, Assignment of Rents and Fixture Filing, Security Deed or other
comparable security instrument (the “Security Instrument”), dated the same date as this Note,
protects the Note Holder from poss‘ble losses which might result if Borrower does not keep thr
promises which Borrower makes in this Note. All of the terms, covenants and conditions
contained in the Security Instrument are hereby made part of this Note to the same extent and
with the same force as if they were fully set forth herein. In the event of a conflict or
inconsistency between the terms of the Security Instrument and this Note, the terms and
provisions of the Security Instrument shall govern.
2. Property
“Property” means the property that the Security Instrument describes under its heading
“Transfer of Rights of Property”.
3. Borrower's Promise to Pay
In return for a loan that Borrower has received, Borrower promises to pay USS 168,750.00 (this
amount is called “Principal”), plus interest, to the order of the Lender. The “Lender” is Civic
Financial Services, LLC, a California limited liability company. Borrower will make all payments
under this Note by automatic clearing house (ACH) transfer, or any other form agreed by the
parties.
Borrower understands that the Lender may transfer this Note. The Lender or anyone who takes
this Note by transfer and who is entitled to receive payments under this Note is called the
“Note Holder”.
4 Interest
Interest will be charged on unpaid principal until the full amount of Principal has been paid.
Subject to adjustment pursuant to Section 8.2, Borrower will pay interest at a yearly rate of
9.250%. Interest shall be computed on the basis of a 30-day month and 360-day year, provided
however, as to the amount due for each of the first and final month, interest shall be computed
for the actual number of days elapsed in the month over a 365 day or 366 day year, as
applicable, including the first such day and the date of Note Holder's receipt of any relevant
payment.
5. Payments
5.1 Time and Place of Payments
Borrower will make a payment every month. This payment will be for interest only for 24
months (the “Interest Only Period”). After the Interest Only Period, Borrower will make a
balloon payment that will include the principal and any outstanding interest.
Borrower will make its monthly interest payment on the 1 day of each month beginning on
11/01/2017. Borrower will make these payments every month through the Maturity Date. On
10/01/2019 (the “Maturity Date”), Borrower shall pay to Lender an amount equal to the
Principal, plus any outstanding interest thereon.
Borrower will make its monthly payments, without notice and without offset or deduction, at
2015 Manhattan Beach Blvd, Suite 106, Redondo Beach, CA 90278 or at a different place if
required by the Note Holder.
5.2 Amount of Monthly Payments
Borrower’s monthly payment will be in the amount of US$1,300.78 for 24 months of this Note,
adjusted’to reflect. ‘a) Section 8.2, (b) Prepayments as contemplated in Sectic.n 6, and (c) any
other payments in excess of interest then due, which payments Lender may apply to piincipal.
6. Borrower's Right to Prepay
Borrower has the right to make payments of Principal at any time before they are due. A
payment of Principal only is known as a “Prepayment”. When Borrower makes a Prepayment,
Borrower will tell the Note Holder in writing that Borrower is doing so. Borrower may not
designate a payment as a Prepayment if Borrower has not made all the monthly payments due
under the Note.
A Prepayment may carry a charge, which will be calculated in accordance with the following
schedule:
{a) For Notes with a one year term, a minimum of four months’ interest must be collected
on the Principal, irrespective of when the Note is prepaid.
(b) For Notes with a two year term, a minimum of twelve months’ interest must be
collected on the Principal, irrespective of when the Note is prepaid.
(c) For Notes with a four year term, a minimum of twenty-four months’ interest must be
collected on the Principal, irrespective of when the Note is prepaid.
7. Loan Charges
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted
so that the interest or other loan charges collected or to be collected in connection with this
loan exceed the permitted limits (and for purposes of making any such determination as to
whether any interest exceeds the lawful maximum, it is understood and agreed that, insofar as
the law permits, all such interest shall be amortized, prorated, allocated and spread over the
full amount and term of all principal indebtedness of Borrower to Note Holder), then: (a) any
such loan charge shall be reduced by the amount necessary to reduce the charge to the
maximum permitted limit; and (b) any sums already collected from Borrower which exceeded
maximum permitted limits will be refunded to Borrower. The Note Holder may choose to make
this refund by reducing the Principal Borrower owes under this Note or by making a direct
payment to Borrower. If a refund reduces Principal, the reduction will be treated as a partial
Prepayment.
8. Default; Acceleration; Borrower’s Failure to Pay as Required
8.1 Default
A “default” means and shall occur upon:
(a) any failure of Borrower (or any Affiliate of Borrower) to pay Note Holder (or any affiliate
of Note Holder) any amount due that remains delinquent as of the next payment date
hereunder;
(b) any failure of Borrower to perform any of its other obligations under this Note that is
not cured within ten (10) days following Note Holder’s delivery of notice thereof;
(c) any failure of Borrower to perform any of its obligations under any other agreement to
which Borrower and Lender or Note Holder are parties; and/or,
(d) the making or furnishing by Borrower of any warranty, representation or statement to
Lender or Note Holder in connection with this Note or any other agreement to which
Borrower and Lender or Note Holder are parties, which is false or misleading in any
material respect when made or furnished.
“Affiliate” means, with respect to any person or entity, any other person or entity that
Controls, is under common Control with or is Controlled by such person or entity (and “Control”
or “Controlling” means possession of the direct or indirect power to direct or cause the
direction of the management and policies of a person or entity).
Upon the occurrence of a default hereunder, then all amounts hereunder shall, at the option of
Lender, without notice or demand except as the Security Instrument may otherwise provide,
become immediately due and payable for all purposes.
8.2 Late Payment
Borrower acknowledges that the late payment of any amount payable by Borrower hereunder
will cause Note Holder to incur administrative costs and other damages, the exact amount of
which would be impracticable or extremely difficult to ascertain, and the late charge described
below provides a reasonable estimate thereof.
Subject to Section 7 above,
(a) if Borrower fails to pay any amount required to be paid by Borrower hereunder on the
date such payment is due (a “delinquency”), a late charge equal to fifteen percent (15%)
of the delinquent amount will be assessed no earlier than the fifteenth day of
delinquency;
(a) upon the occurrence of a default, the interest rate will increase to the lesser of: (i)
eighteen percent (18%) and (ii) the maximum rate permitted by applicable law; provided
that if any such default is cured on or before the date the next payment is due, subject
to clause (c) below, the interest rate shall be reset to the applicable interest rate
(established by Section 4) effective at the next payment date); and,
(b) if any default continues without cure beyond the next succeeding payment date (i.e.,
the first payment date after the date on which the applicable default occurred), then
Borrower shall have no right to cause the interest rate to revert to the applicable
interest rate (established by Section 4), and at Lender’s discretion, for the life of the
loan the interest rate will remain at the lesser of: (i) eighteen percent (18%) and (ii) the
maximum rate permitted by applicable law (cure of the applicable default will NOT reset
the interest rate to the rate specified in Section 4).
If the Principal and any unpaid interest is not paid in full on or before the Maturity Date, the
interest rate will increase to the lesser of: (a) eighteen percent (18%) and (b) the maximum
rate permitted by applicable law. Such default interest is not curable and will remain in effect
until the Principal and all interest is repaid in full.
8.3 No Waiver By Note Holder
Even if, at a time when Borrower is in default, the Note Holder does not require Borrower to
pay immediately in full as described above, ti » Note Holder will still have the right to do so it
Borrower is in default at a later time, as described above.
8.4 Payment of Note Holder’s Costs and Expenses
If the Note Holder has required Borrower to pay immediately in full as described in Section 8.1
above, the Note Holder will have the right to be paid back by Borrower for all of its costs and
expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses
include, for example, attorney’s fees.
9. Giving of Notices
Unless applicable law requires a different method, any notice that must be given to Borrower
under this Note will be given by delivering it or by mailing it by first class mail to Borrower at
the address of Borrower specified beneath Borrower's signature below, or at a different
address if Borrower gives the Note Holder a notice of Borrower’s different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it
or by mailing it by first class mail to the Note Holder at the address stated in Section 5.1 above
or at a different address if Borrower is given a notice of that different address.
10. Obligations of Persons under This Note
If more than one person signs this Note, each person is fully and personally obligated to keep all
of the promises made in this Note, including the promise to pay the full amount owed. Any
person who is a guarantor, surety or endorser of this Note is also obligated to do these things.
Any person who takes over these obligations, including the obligations of a guarantor, surety or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note
Holder may enforce its rights under this Note against each person individually or against all of
such persons together. This means that any one of such persons may be required to pay all of
the amounts owed under this Note.
11. Waivers
Borrower and any other person who has obligations under this Note waive the rights of
Presentment and Notice of Dishonor. “Presentment” means the right to require the Note
Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require
the Note Holder to give notice to other persons that amounts due have not been paid.
12. Use of Proceeds
BORROWER AND ANY OTHER PERSON WHO HAS OBLIGATIONS UNDER THIS NOTE WILL USE
THE PROCEEDS OF THE LOAN THAT BORROWER HAS RECEIVED SOLELY FOR THE PURPOSE OF
ACQUIRING OR REFINANCING, AND IF APPLICABLE, IMPROVING, REAL PROPERTY FOR
INVESTMENT PURPOSES, AND BORROWER WARRANTS AND REPRESENTS TO THE NOTE HOLDER
THAT ALL LOAN PROCEEDS WILL BE SOLELY USED TO ACQUIRE OR REFINANCE, AND IF
APPLICABLE, IMPROVE, REAL PROPERTY FOR INVESTMENT PURPOSES, AND THAT NO LOAN
PROCEEDS WILL BE USED FOR A CONSUMER, FAMILY OR HOUSEHOLD PURPOSE.
BORROWER FURTHER WARRANTS AND REPRESENTS TO NOTE HOLDER THAT BORROWER
WILL AT NO TIME DURING THE TERM OF THE LOAN INHABIT THE PROPERTY.
13. Intended Construction
(a) Borrower has declare:! in writing to Lender in the loan application all contem, slated
construction and/or renovations to the Property. If Borrower contemplates
construction and/or renovations to the Property, Borrower shall execute and deliver to
Lender a completed Construction and Renovations: Reserve and Disbursement
Agreement, in the form of Exhibit A attached hereto.
{b) Borrower will obtain authorization from the loan servicer for all future construction
and/or renovations requiring major construction, including, but not limited to,
remodeling of the kitchen or bathroom, installation of a new roof or new windows, and
additions to the property. For purposes of this paragraph, “major construction” is
defined as any alteration to the Property that requires demolition, partial or otherwise,
of the same, and reasonably expected to cost over US$10,000.
(c) Borrower will diligence all third parties that Borrower retains in connection with any
construction on, or renovation to, the Property, whether such third party be a
contractor or other vendor, and Borrower will ensure that all such parties are at all
times properly licensed as required under applicable law, and adequately insured and
bonded.
(a) Borrower shall obtain from all applicable governmental authorities any and all
applicable building and other permits and approvals (collectively, “Permits”) necessary
or required for Borrower to commence, perform and fully complete construction and/or
5
renovations to the Property (and to permit the Property to be legally occupied upon
completion thereof). Borrower shall deliver a copy of all such Permits to Lender upon
“ Lender’s request therefor.
14. Financial Information
Any financial information Borrower provides in connection with Borrower's application for a
loan, or at any point thereafter and during the term of the loan, will be prepared by, or certified
by, Borrower, a certified public accountant, or other professional with comparable
qualifications.
15. Due on Sale
Notwithstanding any provision of this Note to the contrary, if all or any part of the Property or
any Interest in the Property (as defined in the Security Instrument) is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)
without Lender’s prior written consent, Lender may require immediate payment in full of all
sums payable under this Note in accordance with Section 3.17 of the Security Instrument. If
Lender exercises such option, Lender shall give Borrower notice of acceleration in accordance
with the Security Instrument, and in such event the Maturity Date shall be deemed to occur on
the date on which payment in full is so required. If Borrower fails to pay these sums prior to
the expiration of this period, Lender may invoke any remedies permitted by the Security
Instrument without further notice or demand on Borrower.
16. Release of Collateral
Lender is without obligation to release all or any portion of the Property from the lien of the
Security Instrument unless and until all amounts due Lender from Borrower, including without
limitation this Note, the Security !nstrument, or any document executed in connection with this
Note or the : ecurity Instrument, nave been indefeasibly paid in full. Should Lender in its
discretion choose to release any portion of the Property from the lien of the Security
Instrument prior to such indefeasible payment in full, Borrower acknowledges that: Lender
may maintain such ratio as Lender deems appropriate of value of the Property remaining
subject to the lien of the Security Instrument relative to Borrower's obligations to Lender; and,
Lender in its assessment of the formulation of such ratio may in its discretion re-assess its
valuation of the relevant Property, the expense of such re-assessment at the charge of
Borrower.
17. Guarantee
[Reserved]
THE LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY
NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL
AGREEMENTS OF THE PARTIES.
THERE ARE NO ORAL AGREEMENTS BETWEEN THE PARTIES.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
Endless Investm, LLC , a Florida Limited Liability Company
By pate: A128 ]17I
Name: Ori Dér
Title: Member
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document
State of Florida
County of 2 wD Wwe cA
Subscribed and sworn to (or affirmed) before me on this 28 day of SEDTE NUDE , 20/7
by On Damen
Name(s) of Signer(s)
—-
proved to me on the basis of satisfactory evidence to be the person(s) who appeared
before me
Puy
x me ERICA FLORES
ag «
8Run MY COMMISSION4 FF 922151
EXPIRES: September 27, 2019 Signature of Notary Public
oer Senden Tory vary Soraces
ALLONGE
Borrower(s): Endless Investments LLC, By Ori Darmon
Property Address: 821 Himmarshee Street, Fort Lauderdale, FL 33312
Original Lender: Civic Financial Services, LLC
Loan Amount: 168,750.00
Loan # 0117086828
Note Date: 09/14/2017
PAY TO THE ORDER:
HMC Assets, LLC solely in its capacity as separate trustee of Civic Holdings III Trust
Without Recourse:
Civic Financial Services, LLC
vat (|
ByYVINCENT CIARDULLO, AUTHORIZED AGENT
ALLONGE
Borrower(s): Endless Investments, LLC, by Ori Darmon
Property Address: 821 Himmarshee Street, Fort Lauderdale, FL 33312
Original Lender: Civic Financial Services, LLC
Loan Amount: $168,750.00
Loan #: 0117086828
Note Date: 9/14/2017
PAY TO THE ORDER
Pacific Western Bank
Without Recourse:
HMC ASSETS, LLC solely in its capacity as separate trustee of Civic Holdings tl Trust
Row Bh nat?
By: Barry Smith, Etthorized Agent
ALLONGE
Borrower(s): Endless Investments, LLC, by Ori Darmon
Property Address: 821 Himmarshee Street, Fort Lauderdale, FL 33312
Original Lender: Civic Financial Services, LLC
Loan Amount: $168,750.00
Loan #: 0117086828
Note Date: 9/14/2017
PAY TO THE ORDER
HMC Assets, LLC solely in its capacity as Separate Trustee of Civic Holdings III Trust
Without Recourse, Representation or Warranty:
Pacific Western Bank
Zo
By: Kori Ogrosky
Title: EVP
ALLONGE
Borrower(s); Endless Investments, LLC, by Ori Darmon
Property Address: 821 Himmarshee Street, Fort Lauderdale, FL 33312
Original Lender: Civic Financial Services, LLC
Loan Amount: $168,750.00
Loan #: 0117086828
Note Date: 9/14/2017
PAY TO THE ORDER
HMC Assets, LLC solely in its capacity as Separate Trustee of CAM XI Trust
Without Recourse:
HMC Assets, LLC solely in its capacity as Separate Trustee of Civic Holdings Ill Trust
hndm fh
By: Barry smitK/Authorized Signer
Preview
Case Number: CACE-21-007808 Division: 11 Filing # 125052902 E-Filed 04/16/2021 10:42:21 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: HMC ASSETS, LLC SOLELY IN ITS CAPACITY AS SEPARATE TRUSTEE OF CAM XI TRUST, Plaintiff, VS. ENDLESS INVESTMENTS LLC A/KA ENDLESS INVESTMENTS, LLC; ALBO INVESTMENTS LLC; CITY OF CORAL SPRINGS, FLORIDA; TOWN OF DAVIE, FLORIDA; FLORIDA DEPARTMENT OF REVENUE; CITY OF FORT LAUDERDALE, FLORIDA; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH UNDER, OR AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; UNKNOWN TENANT #1; UNKNOWN TENANT #2, whose name is fictitious to account for parties in possession, Defendants. / NOTICE OF FILING CERTIFICATION OF POSSESSION OF ORIGINAL NOTE COMES NOW the Plaintiff, HMC ASSETS, LLC SOLELY IN ITS CAPACITY AS SEPARATE TRUSTEE OF CAM XI TRUST, by and through its undersigned counsel, and hereby notices this Court and interested parties of the filing of the Certification of Possession of Original Note, which is attached hereto and incorporated herein as EXHIBIT "A". #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/16/2021 10:42:18 AM.*##* Date: April 16, 2021 Respectfully submitted, ASHLAND MEDLEY LAW, PLLC BY: Ashland R. Medley, Esquire, FBN: 89578 2856 North University Drive, Coral Springs, FL 33065 Telephone: (954) 947-1524/Fax: (954) 358-4837 Ashland@AshlandMedleyLaw.com Designated E-Service Address: FLEservice@AshlandMedleyLaw.com Attorney for the Plaintiff EXHIBIT "A" CERTIFICATION OF POSSESSION OF ORIGINAL NOTE 1 Ashland Medley Law, PLLC is in possession of the original Note upon which this action is brought. 2 The location of the original signed Note is with Plaintiff's attorney, Ashland Medley Law, PLLC, 2856 North University Drive, Coral Springs, Florida 33065. 3 The name and title of the person giving this certification is Kathleen M. Roberts, whose title is Document Custodian/Paralegal. 4 The name of the person who personally verified such possession is Kathleen M. Roberts. The time and date on which possession was verified were: Date: March 2, 2021 Time: 4:57 p.m. 6 A true and correct copy of the original Note is attached hereto and incorporated herein as EXHIBIT "A". 7 I give this statement based upon my personal knowledge. Under penalties of perjury, I declare that I have read the foregoing Certification of Possession of Original Note and the attachments thereof, and that the facts stated therein are true and correct. 4K. heels Executed on: March 2, 2021 Kathléen MARoberis Doc ent Custodian/Paralegal EXHIBIT "A" Note ‘ 1 Loan Number: 0117086828 September 14, 2017 Civic Financial Services, LLC 2015 Manhattan Beach Blvd, Suite 106 Redondo Beach, CA 90278 Address of Property(ies): 821 Himmarshee Street Fort Lauderdale, FL 33312 1. Secured Note In addition to the protections under this Note given to the Note Holder (as defined below), a Mortgage, Deed of Trust, Assignment of Rents and Fixture Filing, Security Deed or other comparable security instrument (the “Security Instrument”), dated the same date as this Note, protects the Note Holder from poss‘ble losses which might result if Borrower does not keep thr promises which Borrower makes in this Note. All of the terms, covenants and conditions contained in the Security Instrument are hereby made part of this Note to the same extent and with the same force as if they were fully set forth herein. In the event of a conflict or inconsistency between the terms of the Security Instrument and this Note, the terms and provisions of the Security Instrument shall govern. 2. Property “Property” means the property that the Security Instrument describes under its heading “Transfer of Rights of Property”. 3. Borrower's Promise to Pay In return for a loan that Borrower has received, Borrower promises to pay USS 168,750.00 (this amount is called “Principal”), plus interest, to the order of the Lender. The “Lender” is Civic Financial Services, LLC, a California limited liability company. Borrower will make all payments under this Note by automatic clearing house (ACH) transfer, or any other form agreed by the parties. Borrower understands that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the “Note Holder”. 4 Interest Interest will be charged on unpaid principal until the full amount of Principal has been paid. Subject to adjustment pursuant to Section 8.2, Borrower will pay interest at a yearly rate of 9.250%. Interest shall be computed on the basis of a 30-day month and 360-day year, provided however, as to the amount due for each of the first and final month, interest shall be computed for the actual number of days elapsed in the month over a 365 day or 366 day year, as applicable, including the first such day and the date of Note Holder's receipt of any relevant payment. 5. Payments 5.1 Time and Place of Payments Borrower will make a payment every month. This payment will be for interest only for 24 months (the “Interest Only Period”). After the Interest Only Period, Borrower will make a balloon payment that will include the principal and any outstanding interest. Borrower will make its monthly interest payment on the 1 day of each month beginning on 11/01/2017. Borrower will make these payments every month through the Maturity Date. On 10/01/2019 (the “Maturity Date”), Borrower shall pay to Lender an amount equal to the Principal, plus any outstanding interest thereon. Borrower will make its monthly payments, without notice and without offset or deduction, at 2015 Manhattan Beach Blvd, Suite 106, Redondo Beach, CA 90278 or at a different place if required by the Note Holder. 5.2 Amount of Monthly Payments Borrower’s monthly payment will be in the amount of US$1,300.78 for 24 months of this Note, adjusted’to reflect. ‘a) Section 8.2, (b) Prepayments as contemplated in Sectic.n 6, and (c) any other payments in excess of interest then due, which payments Lender may apply to piincipal. 6. Borrower's Right to Prepay Borrower has the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a “Prepayment”. When Borrower makes a Prepayment, Borrower will tell the Note Holder in writing that Borrower is doing so. Borrower may not designate a payment as a Prepayment if Borrower has not made all the monthly payments due under the Note. A Prepayment may carry a charge, which will be calculated in accordance with the following schedule: {a) For Notes with a one year term, a minimum of four months’ interest must be collected on the Principal, irrespective of when the Note is prepaid. (b) For Notes with a two year term, a minimum of twelve months’ interest must be collected on the Principal, irrespective of when the Note is prepaid. (c) For Notes with a four year term, a minimum of twenty-four months’ interest must be collected on the Principal, irrespective of when the Note is prepaid. 7. Loan Charges If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits (and for purposes of making any such determination as to whether any interest exceeds the lawful maximum, it is understood and agreed that, insofar as the law permits, all such interest shall be amortized, prorated, allocated and spread over the full amount and term of all principal indebtedness of Borrower to Note Holder), then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the maximum permitted limit; and (b) any sums already collected from Borrower which exceeded maximum permitted limits will be refunded to Borrower. The Note Holder may choose to make this refund by reducing the Principal Borrower owes under this Note or by making a direct payment to Borrower. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 8. Default; Acceleration; Borrower’s Failure to Pay as Required 8.1 Default A “default” means and shall occur upon: (a) any failure of Borrower (or any Affiliate of Borrower) to pay Note Holder (or any affiliate of Note Holder) any amount due that remains delinquent as of the next payment date hereunder; (b) any failure of Borrower to perform any of its other obligations under this Note that is not cured within ten (10) days following Note Holder’s delivery of notice thereof; (c) any failure of Borrower to perform any of its obligations under any other agreement to which Borrower and Lender or Note Holder are parties; and/or, (d) the making or furnishing by Borrower of any warranty, representation or statement to Lender or Note Holder in connection with this Note or any other agreement to which Borrower and Lender or Note Holder are parties, which is false or misleading in any material respect when made or furnished. “Affiliate” means, with respect to any person or entity, any other person or entity that Controls, is under common Control with or is Controlled by such person or entity (and “Control” or “Controlling” means possession of the direct or indirect power to direct or cause the direction of the management and policies of a person or entity). Upon the occurrence of a default hereunder, then all amounts hereunder shall, at the option of Lender, without notice or demand except as the Security Instrument may otherwise provide, become immediately due and payable for all purposes. 8.2 Late Payment Borrower acknowledges that the late payment of any amount payable by Borrower hereunder will cause Note Holder to incur administrative costs and other damages, the exact amount of which would be impracticable or extremely difficult to ascertain, and the late charge described below provides a reasonable estimate thereof. Subject to Section 7 above, (a) if Borrower fails to pay any amount required to be paid by Borrower hereunder on the date such payment is due (a “delinquency”), a late charge equal to fifteen percent (15%) of the delinquent amount will be assessed no earlier than the fifteenth day of delinquency; (a) upon the occurrence of a default, the interest rate will increase to the lesser of: (i) eighteen percent (18%) and (ii) the maximum rate permitted by applicable law; provided that if any such default is cured on or before the date the next payment is due, subject to clause (c) below, the interest rate shall be reset to the applicable interest rate (established by Section 4) effective at the next payment date); and, (b) if any default continues without cure beyond the next succeeding payment date (i.e., the first payment date after the date on which the applicable default occurred), then Borrower shall have no right to cause the interest rate to revert to the applicable interest rate (established by Section 4), and at Lender’s discretion, for the life of the loan the interest rate will remain at the lesser of: (i) eighteen percent (18%) and (ii) the maximum rate permitted by applicable law (cure of the applicable default will NOT reset the interest rate to the rate specified in Section 4). If the Principal and any unpaid interest is not paid in full on or before the Maturity Date, the interest rate will increase to the lesser of: (a) eighteen percent (18%) and (b) the maximum rate permitted by applicable law. Such default interest is not curable and will remain in effect until the Principal and all interest is repaid in full. 8.3 No Waiver By Note Holder Even if, at a time when Borrower is in default, the Note Holder does not require Borrower to pay immediately in full as described above, ti » Note Holder will still have the right to do so it Borrower is in default at a later time, as described above. 8.4 Payment of Note Holder’s Costs and Expenses If the Note Holder has required Borrower to pay immediately in full as described in Section 8.1 above, the Note Holder will have the right to be paid back by Borrower for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, attorney’s fees. 9. Giving of Notices Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the address of Borrower specified beneath Borrower's signature below, or at a different address if Borrower gives the Note Holder a notice of Borrower’s different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 5.1 above or at a different address if Borrower is given a notice of that different address. 10. Obligations of Persons under This Note If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of such persons together. This means that any one of such persons may be required to pay all of the amounts owed under this Note. 11. Waivers Borrower and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 12. Use of Proceeds BORROWER AND ANY OTHER PERSON WHO HAS OBLIGATIONS UNDER THIS NOTE WILL USE THE PROCEEDS OF THE LOAN THAT BORROWER HAS RECEIVED SOLELY FOR THE PURPOSE OF ACQUIRING OR REFINANCING, AND IF APPLICABLE, IMPROVING, REAL PROPERTY FOR INVESTMENT PURPOSES, AND BORROWER WARRANTS AND REPRESENTS TO THE NOTE HOLDER THAT ALL LOAN PROCEEDS WILL BE SOLELY USED TO ACQUIRE OR REFINANCE, AND IF APPLICABLE, IMPROVE, REAL PROPERTY FOR INVESTMENT PURPOSES, AND THAT NO LOAN PROCEEDS WILL BE USED FOR A CONSUMER, FAMILY OR HOUSEHOLD PURPOSE. BORROWER FURTHER WARRANTS AND REPRESENTS TO NOTE HOLDER THAT BORROWER WILL AT NO TIME DURING THE TERM OF THE LOAN INHABIT THE PROPERTY. 13. Intended Construction (a) Borrower has declare:! in writing to Lender in the loan application all contem, slated construction and/or renovations to the Property. If Borrower contemplates construction and/or renovations to the Property, Borrower shall execute and deliver to Lender a completed Construction and Renovations: Reserve and Disbursement Agreement, in the form of Exhibit A attached hereto. {b) Borrower will obtain authorization from the loan servicer for all future construction and/or renovations requiring major construction, including, but not limited to, remodeling of the kitchen or bathroom, installation of a new roof or new windows, and additions to the property. For purposes of this paragraph, “major construction” is defined as any alteration to the Property that requires demolition, partial or otherwise, of the same, and reasonably expected to cost over US$10,000. (c) Borrower will diligence all third parties that Borrower retains in connection with any construction on, or renovation to, the Property, whether such third party be a contractor or other vendor, and Borrower will ensure that all such parties are at all times properly licensed as required under applicable law, and adequately insured and bonded. (a) Borrower shall obtain from all applicable governmental authorities any and all applicable building and other permits and approvals (collectively, “Permits”) necessary or required for Borrower to commence, perform and fully complete construction and/or 5 renovations to the Property (and to permit the Property to be legally occupied upon completion thereof). Borrower shall deliver a copy of all such Permits to Lender upon “ Lender’s request therefor. 14. Financial Information Any financial information Borrower provides in connection with Borrower's application for a loan, or at any point thereafter and during the term of the loan, will be prepared by, or certified by, Borrower, a certified public accountant, or other professional with comparable qualifications. 15. Due on Sale Notwithstanding any provision of this Note to the contrary, if all or any part of the Property or any Interest in the Property (as defined in the Security Instrument) is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender’s prior written consent, Lender may require immediate payment in full of all sums payable under this Note in accordance with Section 3.17 of the Security Instrument. If Lender exercises such option, Lender shall give Borrower notice of acceleration in accordance with the Security Instrument, and in such event the Maturity Date shall be deemed to occur on the date on which payment in full is so required. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. 16. Release of Collateral Lender is without obligation to release all or any portion of the Property from the lien of the Security Instrument unless and until all amounts due Lender from Borrower, including without limitation this Note, the Security !nstrument, or any document executed in connection with this Note or the : ecurity Instrument, nave been indefeasibly paid in full. Should Lender in its discretion choose to release any portion of the Property from the lien of the Security Instrument prior to such indefeasible payment in full, Borrower acknowledges that: Lender may maintain such ratio as Lender deems appropriate of value of the Property remaining subject to the lien of the Security Instrument relative to Borrower's obligations to Lender; and, Lender in its assessment of the formulation of such ratio may in its discretion re-assess its valuation of the relevant Property, the expense of such re-assessment at the charge of Borrower. 17. Guarantee [Reserved] THE LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO ORAL AGREEMENTS BETWEEN THE PARTIES. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Endless Investm, LLC , a Florida Limited Liability Company By pate: A128 ]17I Name: Ori Dér Title: Member A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of Florida County of 2 wD Wwe cA Subscribed and sworn to (or affirmed) before me on this 28 day of SEDTE NUDE , 20/7 by On Damen Name(s) of Signer(s) —- proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Puy x me ERICA FLORES ag « 8Run MY COMMISSION4 FF 922151 EXPIRES: September 27, 2019 Signature of Notary Public oer Senden Tory vary Soraces ALLONGE Borrower(s): Endless Investments LLC, By Ori Darmon Property Address: 821 Himmarshee Street, Fort Lauderdale, FL 33312 Original Lender: Civic Financial Services, LLC Loan Amount: 168,750.00 Loan # 0117086828 Note Date: 09/14/2017 PAY TO THE ORDER: HMC Assets, LLC solely in its capacity as separate trustee of Civic Holdings III Trust Without Recourse: Civic Financial Services, LLC vat (| ByYVINCENT CIARDULLO, AUTHORIZED AGENT ALLONGE Borrower(s): Endless Investments, LLC, by Ori Darmon Property Address: 821 Himmarshee Street, Fort Lauderdale, FL 33312 Original Lender: Civic Financial Services, LLC Loan Amount: $168,750.00 Loan #: 0117086828 Note Date: 9/14/2017 PAY TO THE ORDER Pacific Western Bank Without Recourse: HMC ASSETS, LLC solely in its capacity as separate trustee of Civic Holdings tl Trust Row Bh nat? By: Barry Smith, Etthorized Agent ALLONGE Borrower(s): Endless Investments, LLC, by Ori Darmon Property Address: 821 Himmarshee Street, Fort Lauderdale, FL 33312 Original Lender: Civic Financial Services, LLC Loan Amount: $168,750.00 Loan #: 0117086828 Note Date: 9/14/2017 PAY TO THE ORDER HMC Assets, LLC solely in its capacity as Separate Trustee of Civic Holdings III Trust Without Recourse, Representation or Warranty: Pacific Western Bank Zo By: Kori Ogrosky Title: EVP ALLONGE Borrower(s); Endless Investments, LLC, by Ori Darmon Property Address: 821 Himmarshee Street, Fort Lauderdale, FL 33312 Original Lender: Civic Financial Services, LLC Loan Amount: $168,750.00 Loan #: 0117086828 Note Date: 9/14/2017 PAY TO THE ORDER HMC Assets, LLC solely in its capacity as Separate Trustee of CAM XI Trust Without Recourse: HMC Assets, LLC solely in its capacity as Separate Trustee of Civic Holdings Ill Trust hndm fh By: Barry smitK/Authorized Signer